[Thorrez]

Those bananas are completely different. There's no copyright infringement there. I could take a photo of a banana and photoshop it repeatedly onto a pink background. That would look just as similar, and there's no copyright problem there.

You can't copyright an idea.

[srg0]

Images are different, but it appears that DALL-E is inspired by the aesthetics and the layout of the copyrighted material.

Another example, picking a random image from the Getty Images site. "A young parkour flips through the city,guangzhou,china, - stock photo":

https://imgur.com/a/pPruwzA

The images are obviously different, but it appears that DALL-E maps the getty images description to similar tone, similar perspective, similar background, and similar weather conditions. I'm sure there are thousands of possible backdrops in Guangzhou, and many ways to show a parkour flip. Even in the Google image search results there's more variance than in the output of DALL-E.

So you can't copyright an idea, but you can certainly scrape a copyrighted DB with image metadata, and use it to create your own product. My point is that DALL-E itself might be a derivative work of Getty Images and thousands of other online catalogs.